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HomeMy WebLinkAboutX2021-1565 - MiscSeptember 14, 2021 SUBMITTER: CARLOS LINARES GARY WANG & ASSOCIATES 1000 CORPORATE CENTER DR MONTEREY, CA 91754 SR RECORD ID: SR0146858 PLAN APPROVED / AUTHORITY TO CONSTRUCT FOOD REMODEL - 1001+ SQ FT PLAN CHECK REPORT 7560 0.35 County of Orange, Health Care Agency, Environmental Health 1241 EAST DYER ROAD, SUITE 120 SANTA ANA, CA 92705-5611 (714)433-6074 % pn, IfOUG www.ochealthinfo.com/eh )-2,w V9C ®bn � JOBSITE: PANDA EXPRESS 1316 BISON AVE NEWPORT BEACH SCOPE OF WORK' FULL REMODEL - FROM JUICE BAR TO RESTAURANT OWNER'S REPRESENTATIVE: KUAN CHEN 1683 WALNUT GROVE AVE ROSEMEAD, CA91770 PC01: PLAN APPROVAL Thank you for your plan submittal. Your plans are now approved and subject to the following conditions: 1. This approval does not constitute authority to violate any provision of the related codes, ordinances, or regulations, nor does it prevent further correction of errors found on the plan or with installation upon field inspection. All construction must conform to these approved plans. Alterations or changes to these plans must have review and written approval by the Plan Check Section of Environmental Health prior to construction. 2. All construction work must conform to local building codes and have the necessary approvals from the local building and fire authorities. Please refer to the local building department for plan approval and permits prior to construction. 3. All retail food facilities must be connected to an approved potable water supply. Please check the following link to ensure your food facility is connected to an approved water district or municipal water source: http://www.ocgov.com/about/infooc/links/oo/water. If the food facility is not supplied by a municipal source, and is supplied by a private well, you must immediately submit to Orange County Environmental Health required written verification that the water source meets the standards of the California Safe Drinking Water Act and is acceptable for a retail food establishment. 4. This plan approval is valid for a period of one year from the date of approval. 5. Submit PHYSICAL SAMPLES of the following items and OBTAIN APPROVAL PRIOR TO INSTALLATION: (a) smooth surface waved designed diamond stainless steel cookline wall (WP3) (b) smooth and slip resistant troweled epoxy floor (S1 and S2) 6. Newly constructed food facilities or new portions of existing food facilities shall not be placed into use without prior written approval by a member of this agency. Doing so may result in a penalty not to exceed three (3) times the cost of the annual permit. 7. For construction projects resulting in ownership changes or new facility classification, it is the responsibility of the owner or owner's representative to submit the completed Health Permit Application; supporting ownership documents, and pay the first annual health permit fee no later than one week prior to scheduling the final health inspection. Payment of the health permit fee does not constitute plan approval or approval to operate. A final on -site inspection and approval, with a plan checker sign -off, are required to operate and obtain a permit. You may submit your application, ownership documents and pay the fee in person 10am- 4:00pm Monday through Friday, or by mail: Orange County Environmental Health 1241 E. Dyer Road, Suite 100 Santa Ana, CA 92705 To view the status of this project, visit our website at �tos://ochealthalancheck ochca com/ SR0146858 DA0696584, Page 2 of 3 Acceptable forms of payment in person: cash, check, credit card, or money order Acceptable forms of payment by mail: check or money order Make checks payable to County of Orange. Health permit fees are non-refundable and non -transferable. See reverse of the Health Permit Application for further instruction. 8. For revisions submitted after plan approval, a minimum fee of $266.00 will be due. The fee is subject to modification based upon the project and the scope of changes proposed. PC03: INSPECTION SCHEDULING When work on the project has progressed to the point of requiring an inspection, please contact us at least ten (10) working days in advance in order to help us accommodate your request. A preliminary inspection shall be done when the floors, walls, and ceiling finishes are complete and the equipment is in place. A final inspection will be needed in order to receive Health Permit approval from this Agency. Health permit approval is required prior to opening the food facility or storing food or beverages. PC08: AISLE CLEARANCE Provide a minimum aisle clearance of 30 inches throughout the kitchen and front food service area. PC09: FINISHES Finishes in all areas, other than the customer waiting or dining areas, must be smooth, nonabsorbent, easily cleanable, and durable. Approved floor, cove base (minimum 3/8" radius), walls, and ceiling are required at the self-service beverage area and at least 2 feet of its surroundings. PC16: EQUIPMENT SPECIFICATIONS All new and replacement food -related or utensil -related equipment shall be certified or classified for SANITATION by an American National Standards Institute (ANSI) accredited certification program. Example of these accredited programs include NSF, UL, Intertek ETL, CSA etc. PC17: EQUIPMENT INSTALLATION 1. All equipment, including shelving, must be supported by six (6) inch high easily cleanable legs, commercial casters, or completely sealed in position on a four (4) inch high continuously coved base or concrete curb. 2. Sneeze guard protection must be provided where food is displayed or customer self-service foods are proposed. Displays of unpackaged food shall be shielded so as to intercept a direct line between the customer's mouth, assumed to be between 54 and 60 inches above the floor, and the food being displayed. PC21: HOOD CONSTRUCTION Mechanical exhaust ventilation shall be required at or above all cooking equipment such as ranges, griddles, ovens, deep fat fryers, barbecues, and rotisseries to effectively remove cooking odors, smoke, steam, grease, and vapors. Hoods and mechanical ventilation must comply with all applicable requirements as set forth in the current edition of the Uniform Mechanical Code, as adopted by the local building and fire authorities. PC22: DRY FOOD STORAGE Provide a minimum 96 running feet of FREE STANDING dry food storage shelving units. This is in addition to the shelving used for working storage (i.e., over and under counter storage) and refrigeration storage. All storage shelving must be at least 18 inches deep and easily accessible with 30 inch aisle clearance. PC28: LOCKER/SHELF/POLE INSTALL Within the designated area, you must provide one locker (12" wide x 12" deep x 12" high minimum) per employee on each shift. Lockers must be installed on six (6) inch high, easily cleanable legs, cantilevered off the wall, or on a minimum four (4) inch high continuously coved curb or platform. L-angle legs are not acceptable. PC41: WATER HEATER When tankless water heater is proposed, provide a minimum flow rate of 10.5 gallons per minute at a 50OF rise. All handwashing facilities shall be supplied with warm water supplied through a mixing valve or combination faucet at a temperature of at least 100 OF. All other sinks shall supply hot water at a temperature of at least 120 OF. PC49: AIR CURTAINS Delivery doors shall be equipped with a door -activated air curtain device that delivers an air velocity of at least 750 feet To view the status of this project, visit our website at httos://ochealtholancheck ochca rom/ SR0146858 DA0696584, Page 3 of 3 per minute, measured three (3) feet above the floor. The curtain of air shall cover the entire width of the door. For delivery doors that are wider than four (4) feet, the air curtain must produce an air velocity of at least 1600 feet per minute, as measured three (3) feet above the floor. Air curtain devices must be permanently wired and installed with a self -activating switch, so that the device will automatically operate whenever the door opens. This project was reviewed by ZOHREH MOGHADDAM, REHS (714)433-6069, Your original assigned plan reviewer is ZOHREH MOGHADDAM, REHS (714)433-6069, To view the status of this project, visit our website at httos•//ochealtholanchec .ochca on-d Gary Wang & Associates, Inc. Member of American Institute of Architects 1000 Corporate Center Drive, Suite 550 Monterey Park, CA 91754 Tel: (626) 288-6898 Fax: (626) 768-7101 . September 20, 2021 Panda Express, Inc. 1683 Walnut Grove Ave., Rosemead, CA 91770 Attention: Bo Guillen/ Kuan Chen Panda Project #: S3-22-D8501 GWA Project #: 21-045 Project Name: PX @ Newport Beach, CA: Macarthur Blvd. & Bison Ave., Project Address: 1316 Bison Ave., Newport Beach, CA 92660 Subject: Permit Report The City of Newport Beach Building & Safety Department and Orange County Environmental Health Department have approved the submitted plans for FIX @ Newport Beach, CA: Macarthur Blvd. & Bison Ave., on September 20th, 2021. To pull the permit, General Contractor (G.C.) shall need the following information: City of Newport Beach Building & Safety Department: Location to pull permit: Address: Contact: Telephone #: Building Permit#: Building Permit Fee: Write Check to: Newport Beach Building Permit Center 100 Civic Center Dr., First Floor, Bay C Newport Beach, CA 92660 Permit Technician (949)644-3200 1379-2021 $ 6,164.03 (Permit#: 1379-2021) The City of Newport Beach Orange County Environmental Health Department: Location to pull permit: Orange County Environmental Health Dept. Address: 1241 East Dyer Road, Suite 120 Santa Ana, CA 92705-5611 Contact: Permit Technician Telephone #: (714) 433-6074 Permit #: SR0146858 Permit Fees: N/A Write Check to: N/A Gary Wang & Associates, Inc. Member of American Institute of Architects 1000 Corporate Center Drive, Suite 550 Monterey Park, CA 91754 Tel: (626) 288-6898 A Fax:(626) 768-7101 Required items for pulling permit: 1. G.C. to pick up the Health Approved Plans and Slip Sheets A-103, A-501, & A-503 from GWA Office. Or coordinate with GWA Team to ship the plans to GC's office. 2. G.C. must coordinate with Susan McCourt from Newport Beach Building & Safety Dept. to slip sheets A-103. A-501, and A-503 into other sets before pulling permit. 3. G.C. must pick up Building, EMP, Fire, and Planning Approved Plans from Newport Beach Building & Safety Dept. 4. G.C. to obtain city business license at the Newport Beach Revenue Division Counter or online. 5. G.C. must provide worker's compensation information, business license, and city business license at counter when pulling the permit. 6. G.C. must provide checks to pay final permit fees. 7. G.C. must provide their information and complete the permit application with Permit holder contact information. Deferred Submittals: 1. Tenant Signage. — Signage company to coordinate the submittals. 2. Type-1 Hood's Ansul System — G.C. to coordinate the submittals. 3. CO2 Gas Detection System — G.C. to coordinate the submittals. Email is provided with Submittal Requirements. 4. Fire Sprinkler System — G.C. to coordinate the submittals. Email is provided with Submittal Requirements. 5. Fire Alarm System — G.C. to coordinate the submittals. Email is provided with Submittal Requirements. 6. FOG Submittal — G.C. to coordinate the submittals. Email provided with instructions on when to submit for the FOG Approval. Utilities: 1. Water — Existing Dedicated Water Meter #17867567. Engle to transfer account under Panda Express. 2. Electrical — Existing Electrical Meter #256000-206244. Engie to transfer account under Panda Express. 3. Gas — Gas application has been submitted for a new meter. G.C. to coordinate with Panda PM and Architect. Regards, Gary Wang CITY O1 NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 6443200; PAX (949) 644.3250 March 21, 2003 DNBY Enterprises, Inc. Quizno's Restaurant 2221 Nelson Avenue Tustin, CA 92782 Application: Applicant: Address of Property Involved: Legal Description: ME PERMIT NO. UP2003-001 (PA2003-001) Staff Person: Javier S. Garcia, 644-3206 Appeal Period: 14 days after approval date Use Permit No. UP2003-001(PA2003-001) DNBY Enterprises, Inc. (Quizno's) 1318 Bison Avenue Parcel B of Parcel Map No. 2001-140 Request as Modified and Approved: To establish an eating and drinking facility within the Bluffs Commercial Shopping Center. The new shopping center is currently under construction at the comer of MacArthur Boulevard and Bison Avenue. Adequate parking for the restaurant is planned. The establishment will occupy 1,408 square feet of the 19,694 square feet previously authorized by UP2002-020. The operation of the facility does not include the sale or service of alcoholic beverages. The facility will not provide any exclusive outdoor dining. The addition of exclusive outdoor dining may require a separate accessory outdoor dining permit application, review and approval. The property is located in the PC (Sub -area #5 of the Bonita Canyon Planned Community) District. Director's Action: Approved, March 21 2003 The Planning Director, in approving the application, analyzed issues with regard to compliance with the approved use permit that established the limitation on the number or square footage of food use facilities on the subject property and the Bonita Canyon Planned Community District regulations. The detailed discussion can be found in the attached appendix. In consideration of those aspects, the Planning Director determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood. Additionally, the approved use permit would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: March 21, 2003 Page - 2 FINDINGS. 1. The proposed location of the eating and drinking establishments with beer and wine sales, operated under the conditions of the attached approval, is consistent with the General Plan and the purpose of the district in which the site is located; and will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons: • The restaurant uses will be located within a shopping center designated for such development. The Retail Service and Commercial designation of the General Plan allows eating and drinking establishments. • The shopping center does not abut sensitive land uses and is separated from other uses by roadways. • Provided parking (481 spaces) exceeds required parking (469 spaces). • The authorized uses are not bars, taverns, cocktail lounges, nightclubs or establishments where live entertainment, recreational entertainment or dancing is provided. The City has experienced land use conflicts, nuisance issues and police issues with these types of uses in the past. Avoidance of these uses will minimize potential land use conflicts, nuisances and policing issues. 2. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, including a change in the hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. Environmental Impact Report No. 156, previously certified for the Bonita Canyon Planned Community, has been determined to adequately address the construction of the shopping center approved on July 19, 2001 through Site Plan Review No. 2001- 001. The shopping center project includes over 32,000 square feet of eating and drinking establishments, and therefore, EIR No. 156 adequately addresses the scope of this Use Permit. Applicable mitigation measures from the Bonita Canyon EIR were incorporated as project conditions of Site Plan Review No. 2001-001. CONDITIONS: 1. The project shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated December 17, 2002 (date plans received in the Planning Department), as approved by the Planning Director. March 21, 2003 . Page - 3 2. Hours of operation shall be limited to between 10:00 a.m. and 10:00 p.m. daily. Any increase in the hours of operation shall be subject to the approval by the Planning Director. Any request for operating hours between midnight and 6:00 a.m. shall require approval by the Planning Commission. 3. There shall be no live entertainment. 4. No outside loudspeakers or paging system shall be allowed. Tenants with exclusive outdoor dining areas may have speakers outside for background music. Music may be provided between 7:00 a.m. and 10:00 p.m. All outdoor music shall terminate at 10:00 p.m. Sound levels shall not exceed the decibel levels as outlined in the following table: Between the hours of 7:00 am and 10:00 pm Between the hours of 10:00 pm and 7:00 am interior exterior interior exterior Measured at the property line of commerciallyzoned property N/A 65 dBA N/A 60 dBA Measured at the property line of residentiallyzoned property N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 5. The principal purpose for the use permit is to allow for a fast food eating and drinking establishment with the sale or service of food and beverage. 6. Roof coverings over the outdoor dining areas shall not have the effect of creating a permanent enclosure, unless the Planning Commission approves an amendment to this use permit. 7. No temporary "sandwich signs," balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishments, unless specifically permitted. 8. All employees shall park on -site. 9. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 10. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. This condition does not preclude the shared use of a common area grease interceptor device, if determined adequate by the Building Department and the Utilities Department. March 21, 2003 • Page - 4 11. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 12. Trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, but shall not be located on or within any public property or right-of- way. 13. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 14. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors, which may include the provision of fully self-contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 15. The operators of the food service uses shall be responsible for the clean up of all on -site and off -site trash, garbage and litter generated by each use. 16. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 17. Dancing shall be prohibited, unless the Planning Commission first approves an amendment to this use permit. 18. The Planning Director or Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 19. The eating and drinking establishment as proposed will contain approximately 1,408 square feet. Prior to issuance of building permits, a copy of the approved construction floor plan shall be submitted and made a part of this use permit file to establish the approved gross square footage of the tenant space. Any increase in the size of the restaurant after construction shall require an amendment to this use permit. 20. Use Permit No. 2003-001 shall expire if not exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an I II I i I March 21, 2003 Page - 5 extension is otherwise granted. The Planning Director considers exercising this Use Permit the issuance of any individual Use Permits. 21. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City -adopted version of the Uniform Building Code including any local amendments. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be approved by the Building Department, and approval from the Orange County Health Department is required prior to permit issuance. 22. The use of area heaters shall be approved by the Building Department and the Fire Department prior to installation or use. The use of propane heaters and the storage of propane containers on the premises is prohibited, unless otherwise approved by the Fire Department. Standard City Requirements. 1. A covered wash -out area for refuse containers and kitchen equipment with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 2. The reciprocal arrangement for ingress, egress and panting that applies to the subject Property shall remain in effect for the duration of this food use. 3. The facility shall comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 4. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. 5. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick-up by refuse collection agencies. The trash dumpsters shall have a top which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 6. All signs shall conform to the provisions of the Bonita Canyon Planned Community District regulations and Chapter 20.67 of the Newport Beach Municipal Code, where applicable. March 21, 2003 . • Page - 6 7. Temporary signs shall be prohibited in the public right-of-way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. The applicant may appeal the decision of the Planning Director or any interested party to the Planning Commission within 14 days of the date of the decision. A filing fee of $875.00 shall accompany any appeal filed. PATRICIAL. TEMPLE, Planning Director By gjZtjn +-.. Javi r S. Garcia, hICP Senior Planner Attachments: Appendix Vicinity Map Site Plan and Floor Plan Existing Parking Plan cc: property owner The Irvine Company, Retail Properties 567 San Nicolas Drive, #208 Newport Beach, CA 92660 Code Enforcement Officer FAUSERS\PLMShared\PAVPAs - 20031PA2003-OOl1UP2003-001appr.doc a March 21, 2003 • Page - 7 APPENDIX Compliance with Use Permit 2002-020 E The facility, as proposed, is one of a number of fast food restaurant facilities that has been approved for the subject shopping center. Use Permit 2002-020 allows up to 19,694 square feet of restaurant use within the shopping center property. The 1,408 square foot area, as proposed, is located in Suite 103 G of the project site. Staff has reviewed the use permit application and has determined that the facility, as proposed, complies with the limitations and general requirements of Use Permit 2002-020. Restroom Facilities The facility, as proposed, provides adequate public sanitation facilities. Any increase in the interior seating may require increase in the number of fixtures as required by the Newport Beach Municipal Code and in compliance with the provisions of the Health Code (Orange County). The applicant or restaurant manager/owner should verify the requirements with the Building Department prior to the increase of patron seating. Restaurant Development Standards Chapter 20.82.040 of the Municipal Code contains development standards for restaurants, as outlined below, to ensure that any proposed development will be compatible with adjoining properties and streets. The development standards include specific requirements for site development, building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, underground utilities, and supply and refuse storage. Section 20.82.040 D of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. Development Standards Site: Site shall be of sufficient size and configuration to satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping and refuse storage as provided by Section 20.82.040 ofibe Municipal Code, Complies. The site is 8.97 acres and has been found adequate for the construction of a 52,000 square foot shopping center with up to 32,150 square feet of restaurant uses (Site Plan Review No. 2001-001 approved 7119)2001). Setbacks: The City may establish more restrictive setbacks if it is Complies. The proposed uses will be within a new shopping determined that it is necessary or desirable for the center, which provides the minimum of a 25•foot setback protection of the public health, safety or welfare or to from all property lines. The site is also separated from nearby insure the compatibility of uses on contiguous properties. uses by MacArthur Blvd. and Bison Avenue. More restrictive setbacks are not necessary in staffs opinum. o -Street Parking: Off -sheet parking in accordance with the provisions of Complies. The site provides 481 parking spaces for all uses Chapter 20.66 of the Municipal Code. which exceeds the 469 spaces required. The 19,694 square foot limit for eating and drinking establishments will not impact the required parking total. Therefore, adequate parking will be provided in accordance with the Bonita Canyon PC Text March 21, 2003 • Page - 8 Circulation: Parking areas and driveways to facilitate traffic and Complies. The traffic circulation has been reviewed by the circulation of vehicles on and around the facility and to City Traffic Engineer in conjunction with the approval of the provide adequate sight clearances. original construction ofthe site. Walla: A solid masonry wall 6 feet high shall be erected on all Waiver. The site has no interior lot lines as MacArthur Blvd., interior property lines of the subject property. Walls three Bison Ave. and the San Joaquin Hills Transportation Corridor feet in height shag be erected between the on -site parking bound the site. It is proposed that by using landscape and areas and the public right -of --way. earth bears, as opposed to walls, screening of parking areas will be accomplished. Staff recommends waiving the three- foot high wall requirement Lmrdscwmg.• 10% of entire site, three-foot wide landscape area shall be Complies. A conceptual landscaping plan was approved with provided to screen the parking area from the public right- the Site Plan Review application. The plan has 67%of the site of -way. A three-foot wide landscape area adjacent to the landscaped with the majority of the landscaping in a wildlife interior property lines shall be provided. mitigation area to the northeast of the center abutting the San Joaquin Transportation Corridor. Landscaping within the developed area exceeds 100/6 although the exact percentage is not known. The landscape plan includes the use of 24-inch box trees throughout the parking lot, and a 25-foot wide landscape strip along both street frontages. Lighting: Parking lot and site illumination height and intensity to Complies. The proposed lighting plan was reviewed and minimize the reflection of lights to the streets and approved with Site Plan Review No. 2001-001. No additional neighboring properties. lighting is proposed in conjunction with the proposed food uses. Utilities All utilities required to be undergrounded. Complies. Utilities are required to be underground pursuant to Site Plan Review No. 2001-001. No above ground utility connections are proposed. Supply Storage Supply storage to be contained within a building. Complies. No outdoor storage of supplies is permitted. Refuse Storage Refuse storage outside of a building shall be hidden from Complies. Trash storage areas are located within three view by a solid masonry wall six feet in height with self- enclosed service areas located at the rear of the proposed locking gates. shopping center. Additional storage is accommodated within the proposed buildings to accommodate the proposed restaurants. Fast Food Parking Requirement In accordance with the provisions of the Bonita Canyon Planned Community District Regulations, parking for a restaurant use in the subject shopping center is based on one parking space for each 100 square feet of gross floor area. The subject facility with 1,408 square feet interior space requires 14.1 parking spaces. No exclusive outdoor dining area is proposed. The interior net public area of the restaurant totals approximately 1,408 square feet. The parking requirement for all outdoor dining is 50% of the restaurant rate. The subject will utilize common area outdoor dining within the shopping center. Staff deems that the proposed use and the peak parking demand of the shopping center has been adequately addressed by the Environmental Document that was approved for the subject shopping center. Therefore, based on the district regulations and the parking characteristics of the use, adequate parking is provided on -site to serve all uses in the center. Accessory Outdoor Dining Permit Requirement The application as proposed provides no exclusive outdoor dining in accordance with the Zoning Code. Therefore, no subsequent review or permit is required at this time. Use Permit UP2003-001 (PA2003-001) 1318 Bison Avenue ro�OAk NEAR 0.�M� l C00.Nl. lCPl111110.FAe NAi11lI. 1 �` _ xamnnnxturr'un wm'arAR�ewrtroea:A X,mm� vN ay.rortleroro uaro M4YMLTi@RIinCQfBVAi1M ILMAo�AlD fLYAlR �e� mre�u'Aiuna¢t lo ace ovnt -- ACfION NIGNI mrz -xxo uta 'JO' YPOC . b' T� nm OY/1R /L="Ll NAGLTANI!16lllf AT iW0 NAC! NLLLL-7d' Mk N MA%All. A AT MANAGER'S DESK l ne...aw.n wr • Iu.wartYx....�... V11E .�XIIXY�IIj�I.. �D� �qq r��AIIR. �LW> ♦ �VW11O.R.YAIMPIYM aIYR WM.W 90Ylr ..X.IIMMYMMNY� • W.VI.. M..WY WI.X�IYW4Y1 wN MOM M1 Ff1111PRKFNT PLAN 0 C wl-. AMl mw k GWAO wul xon rn waw A-1 CITY OF NEWP#T BEACH Applicati COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT iJS 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-3200; FAX (949) 644-3250 PART I: Cover Page Proiecr Common Name (if applicable): �'fkZ CIO 3,-WJ 063-061 for UP2003-001 1518 Bison Avenue DNBY Enterprises, Inc. U (i.P.A./Amendment No. ❑ Variance No. Cl FEES: APPLICANT (Print): ; I CONTACT PERSON (if different): DNBXX Enterprizes, Inc.; William Verbrugge Martin Potts, MPA, Inc. DN131/ �n�erPN��� Mailing Address: 2221 Nelson Ave. I Mailing Address: 567 San Nicolas Dr. #208 Tustin. CA 92782 I Newport Beach.CA 92660 Phone: ( 714) 398-4061 ' Fax ( Property Owner (if different from above): Phone: ( 949) 719-1900 Fax( 949) 719-1909 The Irvine Company, Retail Properties, C/O MPA Inc. (Marty Potts) Mailing Address: 567 San Nicolas Drive, #208, Newport Beach, CA 92660 Phone:(949) 719-1900 719-1909 PROJECT ADDRESS: 1318 Bison Avenue, Newport Beach, CA Project Description (If applying for a variance, also complete attached form for required findings.): Ouizno's Restaurant Use for operation of an up -scale Italian hot sub sandwich soup or salad. PROPERTY OWNER'S AFFIDAVIT (1) (We) The Irvine Company. Retail Properties depose and say that (I am) (we are) the owner(s) of the property(ies) involved in this application. (1) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s) NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application. CIA! PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 9265a (949) 6443200, FAX (949) 644.3250 March 21, 2003 DNBY Enterprises, Inc. Quizno's Restaurant 2221 Nelson Avenue Tustin, CA 92782 Application: Applicant: Address of Property Involved: Legal Description: ME PERMIT NO. UP2003-001 (PA2003-001) Staff Person: Javier S. Garcia, 644-3206 Appeal Period: 14 days after approval date Use Permit No. UP2003-001(PA2003-001) DNBY Enterprises, Inc. (Quizno's) 1318 Bison Avenue Parcel B of Parcel Map No. 2001-140 Request as Modified andApproved: To establish an eating and drinking facility within the Bluffs Commercial Shopping Center. The new Shopping center is currently under construction at the comer of MacArthur Boulevard and Bison Avenue. Adequate parking for the restaurant is planned. The establishment will occupy 1,408 square feet of the 19,694 square feet previously authorized by UP2002-020. The operation of the facility does not include the sale or service of alcoholic beverages. The facility will not provide any exclusive outdoor dining. The addition of exclusive outdoor dining may require a separate accessory outdoor dining permit application, review and approval. The property is located in the PC (Sub -area #5 of the Bonita Canyon Planned Community) District. Director's Action: Approved, March 21 2003 The Planning Director, in approving the application, analyzed issues with regard to compliance with the approved use permit that established the limitation on the number or square footage of food use facilities on the subject property and the Bonita Canyon Planned Community District regulations. The detailed discussion can be found in the attached appendix. In consideration of those aspects, the Planning Director determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood. Additionally, the approved use permit would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: March 21, 2003 Page - 2 FINDINGS: The proposed location of the eating and drinking establishments with beer and wine sales, operated under the conditions of the attached approval, is consistent with the General Plan and the purpose of the district in which the site is located; and will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons: • The restaurant uses will be located within a shopping center designated for such development. The Retail Service and Commercial designation of the General Plan allows eating and drinking establishments. • The shopping center does not abut sensitive land uses and is separated from other uses by roadways. • Provided parking (481 spaces) exceeds required parking (469 spaces). • The authorized uses are not bars, taverns, cocktail lounges, nightclubs or establishments where live entertainment, recreational entertainment or dancing is provided. The City has experienced land use conflicts, nuisance issues and police issues with these types of uses in the past. Avoidance of these uses will minimize potential land use conflicts, nuisances and policing issues. 2. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, including a change in the hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. Environmental Impact Report No. 156, previously certified for the Bonita Canyon Planned Community, has been determined to adequately address the construction of the shopping center approved on July 19, 2001 through Site Plan Review No. 2001- 001. The shopping center project includes over 32,000 square feet of eating and drinking establishments, and therefore, EIR No. 156 adequately addresses the scope of this Use Permit. Applicable mitigation measures from the Bonita Canyon EIR were incorporated as project conditions of Site Plan Review No. 2001-001. CONDITIONS: 1. The project shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated December 17, 2002 (date plans received in the Planning Department), as approved by the Planning Director. j� / March 21, 2003 ` • Page - 3 2. Hours of operation shall be limited to between 10:00 a.m. and 10:00 p.m. daily. Any increase in the hours of operation shall be subject to the approval by the Planning Director. Any request for operating hours between midnight and 6:00 a.m. shall require approval by the Planning Commission. 3. There shall be no live entertainment. 4. No outside loudspeakers or paging system shall be allowed. Tenants with exclusive outdoor dining areas may have speakers outside for background music. Music may be provided between 7:00 a.m. and 10:00 p.m. All outdoor music shall terminate at 10:00 p.m. Sound levels shall not exceed the decibel levels as outlined in the following table: 7:00 am and 10:00 pm 10:00 pm and 7:00 am interior exterior interior exterior Measured at the Property line of commerciallyzoned property N/A 65 dBA N/A 60 dBA Measured at the Property line of residentiallyzoned property N/A 60 dBA N/A 50 dBA Residential Property 45 dBA 55 dBA 40 OA 50 dBA 5. The principal purpose for the use permit is to allow for a fast food eating and drinking establishment with the sale or service of food and beverage. 6. Roof coverings over the outdoor dining areas shall not have the effect of creating a permanent enclosure, unless the Planning Commission approves an amendment to this use permit. 7. No temporary "sandwich signs," balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishments, unless specifically permitted. 8. All employees shall park on -site. 9. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 10. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. This condition does not preclude the shared use of a common area grease interceptor device, if determined adequate by the Building Department and the Utilities Department. March 21, 2003 • Page - 4 11. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 12. Trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, but shall not be located on or within any public property or right-of- way. 13. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 14. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors, which may include the provision of fully self-contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 15. The operators of the food service uses shall be responsible for the clean up of all on -site and off -site trash, garbage and litter generated by each use. 16. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 17. Dancing shall be prohibited, unless the Planning Commission first approves an amendment to this use permit. 18. The Planning Director or Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 19. The eating and drinking establishment as proposed will contain approximately 1,408 square feet. Prior to issuance of building permits, a copy of the approved construction floor plan shall be submitted and made a part of this use permit file to establish the approved gross square footage of the tenant space. Any increase in the size of the restaurant after construction shall require an amendment to this use permit. i 20. Use Permit No. 2003-001 shall expire if not exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an March 21, 2003 ` • Page - 5 extension is otherwise granted. The Planning Director considers exercising this Use Permit the issuance of any individual Use Permits. 21. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City -adopted version of the Uniform Building Code including any local amendments. The construction Plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be approved by the Building Department, and approval from the Orange County Health Department is required prior to permit issuance. 22. The use of area heaters shall be approved by the Building Department and the Fire Department prior to installation or use. The use of propane heaters and the storage of propane containers on the premises is prohibited, unless otherwise approved by the Fire Department. Standard City Requirements 1. A covered wash -out area for refuse containers and kitchen equipment with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 2. The reciprocal arrangement for ingress, egress and parking that applies to the subject property shall remain in effect for the duration of this food use. 3. The facility shall comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 4. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. 5. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick-up by refuse collection agencies. The trash dumpsters shall have a top which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 6. All signs shall conform to the provisions of the Bonita Canyon Planned Community District regulations and Chapter 20.67 of the Newport Beach Municipal Code, where applicable. March 21, 2003 • • Page - 6 7. Temporary signs shall be prohibited in the public right -of --way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. The applicant may appeal the decision of the Planning Director or any interested party to the Planning Commission within 14 days of the date of the decision. A filing fee of $875.00 shall accompany any appeal filed. PATRICIAL. TEMPLE, Planning Director By Javi r S. Garcia, gwAx--P Senior Planner Attachments: Appendix cc: Vicinity Map property owner Site Plan and Floor Plan The Irvine Company, Retail Properties Existing Parking Plan 567 San Nicolas Drive, #208 NewportBeach,CA 92660 Code Enforcement Officer F:\USERS\PLN\Shared\PA's\PAs - 2003\PA2003-00 RUP2003.001appcdoc March 21, 2003 page - 7 APP�1X Comp icewithUsePermit2002 020 center. Use Permit t fo -020 allows up to 19,694 square feet The facility, as proposed, is one of a number of fast food restaurant facilities that has been center property. The 1,408 square foot area, as proposed, is approved for the subject shopping permit application and has of restaurant use within the seprohopping general requirements located in Suite 103 G of the project site. Staff ies with the limitations and g determined that the facility, as proposed, comp of Use Permit 2002-020. Restroo� F cllitres provides adequate Public sanitation facilities. Any portBeef M1 Municipal The facility, as proposed, p the Newport applicant or provisions of the Health Code (Orange County). The seating may require increase in the number of fixtures as required Y De artmentprior to the Code and in compliance with the restaurant manager/owner should verify the requirements with the Building p increase of patron seating. Restaur atDevelo mentStandards as Chapter 20.82.040 of the Municipal Code contains delopment will be compatible with a Didevelopment standards for ning outlined below, to ensure that any proposed1; include specific requirements Te��ant properties and streets. Thite e developmeand traf6 Ic circulation, walls surroundinganrefuse storage• development, building setbacks, parking site, landscaping, exterior illumination, underground utilities, and supply Section 20.82.040 D of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. DevelopmentStandards Site: sit, shall be of sumelm" — — ---setbacks, curt, cuts, all requirements for off-sGeet parkistoragng, setbacks, , provided by walls, landscaping and refuse Section 20.82.040 of the Municipal Cody setbacks if it is The City may establish more aestri Ser6acks: determined that it is necessary or desirable for the ublie health, safety or welfare or to protection of etibili of uses on contiguous properties. insure tre Wrap. stre Off -et parking in accordance with the Prov�ions o1 Oj(Su ca Parking. stye to 66 of the Municipal Code. CoLa mpil The SIM IS .87 acres anlm W shopping meter he construction of a 52,t100 sq restaurant uses (Site Plan N up in 32,150 square et 71192�1 Review No. 2001-001 appm e Compiles. The pmpoced uses will be within a new shoPPmg e minimum of a 25•font setback center' which provilindes des the site is also separated from nearby from ell property uses by MacArthur Blvd. ndsBtarffs so 'OR. More restrictive setbacks are not necessary n s aces for all uses Complies. The site Provides 481 Parld g p which exceeds the 469 spaces required. e 19, Th(fl4 square foot limit for callingmtd drinking estahlahments wtl not impact tte required parking total. dance Therefore, adequate ping will be Provided hr accorwith the Bonita E tt,'_ area'ana _.,._..ulation of vehicl no idsre tltm� namong the facili end ide adequate sight clearancestyand to lid masonry wall 6 feet hior Propertylines o£the subje Prohalt bon alln height shall be erected betty Wallsand the public ri t een the on -site parking 8h-of-way, ' Provided to screen the V -oo, wwe tandscape area shall be .� Of -way- A three-foot wide lands parking area tiara the Public right_ hneriorproperty lines shall be � am' adjacent to the Provided. / `r8nmr8 Parking lot and site illumination height and intensity m minimize the reflection of lights to the streets and neighboring pmpenies view by a solid masonry wall six fat in eightwith dlf- lockinggates. Fast Food Parkin R u]remnt City Tragic E —._ „non has heart reviewed by the ngineer in conjunction with the approval of the Drlghlal construction nfth. �;_ Bison Ave. and the San 7o d� "I Imes as MacArthmBlvd., bound the site. th is a9 m Hills Transportation Corridor earth hems. l o Proposed that by using landscape and will be ms,acca Opposed to walls, screening of parking areas foot high wall rpeariimam 3haff recommends waiving the three. the Site Plan Review W .a.necapmg lan was aplrroved with lands application. The Plan has 67% of the site taped with the majority of the landscaping in a wildlife mitigazion area to the northeast of the center abutting the San developed Joaquin TransTransportationCorridor. landscaping within the area exce developed 10%although the exact percen not known. The landscapetage is box he thplan includes the use of 24ineis es roughout the Parking lo; and a 25-foot wide landscape shin elhnv hnrh .__ __ _. approved with Site plan Review No. 2001-001. No"n was rad dit and lighting is Proposed in conjuocton with the additional uses. Proposed food Complies. Utilities are required to b Reundo to Site Plan view No. 2001-0O1. No doverground went connections am Proposed. ground utility rre'n storage mess am located within enclosed service areas located a[ the ram of th ee shopping center. Additional storagethe Proposed the Proposed buildin to is accommodated within resfaomnts, accommodate the proposed In accordance with the provisions of the Bonita Canyon Planned Parking for a restaurant use in the subject shopCommunity District Regulations, Ping center is based on 100 square feet of gross floor area. The subject facility with 1,408 one parking space for each square feet interior space requires 14.1 parking spaces. exclus approximately oximatel outdoor dining area is proposed. The interior net public area of the restaurant to e feet, restautantrate. The subjectoutdoorutilize a common area utdoor dining requirement for I outdoor dining is 50% of the Staff deems that the proposed use and the peak within the shopping center. adequately addressed by the Environmental Document as approved for the subject sho mand of the center. Therefore, based on the district regulations and the az.. Shopping center has been adequateparking is Provided On to serve all uses in the center. PPin Parking characteristics of the use, AccessNy Outdoor Dinin permit Re uirement nos bsequ nt review or pelrmit isr required at this timecordance with the Zoning Code- Therefore Use Permit UP2003-001 (PA2003-001) 1318 Bison Avenue e 'MANAGERS DESK fx�.ne uaum xm aoeem � v c%a�ueee�t°C°uix°a�raeew rasxMtertrone�af. Mmr aeAa N<rartroeeA noav+R.v asrokxsrorz ume Hart<xAxxece feu — nauecnfuaro u:ccrrcaArtuu ecnnu®eNOCOa.ex fro HCWox<l OxkalC.1 eet B34glDMtl T16MRi sm EI{AVm M-viD exert DIV uxro — A:ikxf<PGxl6.rt uiuxo urcx Ai 1M0 YAC! exAu ee ee' Mk el'MAXAff. ATION EQUIPMENT NOTES p� mwtxw<e�wrj� xn y •tlwu�w,xnava ' �<`r�ir°7wwr�""�6�ww ♦ uMrawuM,erw..miwMe unrwuswvavw� xn�w,ew Mvwwa • weaiMwMrowwv��o<� n wnimm wv�eu10w M M 7Slf:l. I. 0 ©❑ om M� M\/ Ffl111PMENT PLAN F3.E7 A y An a s t U)aA 6 G h d W i IeeR k eeROe � M6iR A-1 CITY OF NEWP#T BEACH Applicati COMMUNITY AND ECONOMIC DEVELOPMENT V,r PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-3200; FAX (949) 644-3250 PART I: Cover Page Proiecr Conrnron Nance (if applicable)• IIPPA2I Cg3-tO1 003-001 for UP2003-001 I s 18 Bison Avenue DNBY Enterprises, Inc. U U.Y.A./Amenoment'No. ❑ Variance No. ❑ FEES: IAPPLICANT (Print); - CONTACT PERSON (if diffi DNBxx Enterprizes, Inc.; William Verbrugge Martin Potts, MPA, Inc. Mailing Address: 2221 Nelson Ave. I Mailing Address: 567 Sun Nicolas Dr. #208 Tustin. A 9 782 Newport Beach.CA 92660 Phone: ( 714) 398-4061 ' Fax ( Property Owner (if different from above): Phone: ( 949) 719-1900 Fax(949) 719-1909 The Irvine Comp any, Retail Properties C/O MPA Inc (Marty Potts) Mailing Address: 567 San Nicolas Drive, #208, Newport Beach, CA 92660 Phone: (949 ) 719-1900 Fax (949) 719-1909 PROJECTADDRESS: 1318 Bison Avenue, Newport Beach, CA Project Description (If applying for a variance, also complete attached form for required findings.): i I Ouizno's Restaurant Use for operation of an up scale Italian hot sub sandwich soup or salad. i PROPERTY OWNER'S AFFIDAVIT We) The Irvine Coupany, ',etail Properties depose and say that (I am) (we are) the owners) of the erty(les) involved in this application. (1) (We) further certify, under penalty of perjury, that the foregoing statements and ers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) 'edge and belief. Signature(s) In agent may sign for the owner if written authorization from the record owner is filed with the application. r CITY ZjF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 6443200; FAX (949) 644.3250 March 21, 2003 DNBY Enterprises, Inc. Quizno's Restaurant 2221 Nelson Avenue Tustin, CA 92782 Application: Applicant: Address of Property Involved: Legal Description: ICE PERMIT NO. UP2003-001 (PA2003-001) Staff Person: Javier S. Garcia, 644-3206 Appeal Period: 14 days after approval date Use Permit No. UP2003-001(PA2003-001) DNBY Enterprises, Inc. (Quizno's) 1318 Bison Avenue Parcel B of Parcel Map No. 2001-140 Request as Modifted and Approved: To establish an eating and drinking facility within the Bluffs Commercial Shopping Center. The new shopping center is currently under construction at the corner of MacArthur Boulevard and Bison Avenue. Adequate parking for the restaurant is planned. The establishment will occupy 1,408 square feet of the 19,694 square feet previously authorized by UP2002-020. The operation of the facility does not include the sale or service of alcoholic beverages. The facility will not provide any exclusive outdoor dining. The addition of exclusive outdoor dining may require a separate accessory outdoor dining permit application, review and approval. The property is located in the PC (Sub -area #5 of the Bonita Canyon Planned Community) District. Director's Action: Approved March2l 2003 The Planning Director, in approving the application, analyzed issues with regard to compliance with the approved use permit that established the limitation on the number or square footage of food use facilities on the subject property and the Bonita Canyon Planned Community District regulations. The detailed discussion can be found in the attached appendix. In consideration of r% tor determined in this case that the proposal would not be those aspects, the Plana mg trec o detrimental to persons, property or improvements in the neighborhood. Additionally, the approved use permit would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 121, 2003 2 FINDINGS. 1. The proposed location of the eating and drinking establishments with beer and wine sales, operated under the conditions of the attached approval, is consistent with the General Plan and the purpose of the district in which the site is located; and will not i be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons: • The restaurant uses will be located within a shopping center designated for such development. The Retail Service and Commercial designation of the General Plan allows eating and drinking establishments. • The shopping center does not abut sensitive land uses and is separated from other uses by roadways. • Provided parking (481 spaces) exceeds required parking (469 spaces). • The authorized uses are not bars, taverns, cocktail lounges, nightclubs or establishments where live entertainment, recreational entertainment or dancing is provided. The City has experienced land use conflicts, nuisance issues and police issues with these types of uses in the past. Avoidance of these uses will minimize potential land use conflicts, nuisances and policing issues. 2. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, including a change in the hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. Environmental Impact Report No. 156, previously certified for the Bonita Canyon Planned Community, has been determined to adequately address the construction of the shopping center approved on July 19, 2001 through Site Plan Review No. 2001- 001. The shopping center project includes over 32,000 square feet of eating and drinking establishments, and therefore, EIR No. 156 adequately addresses the scope of this Use Permit. Applicable mitigation measures from the Bonita Canyon EIR were incorporated as project conditions of Site Plan Review No. 2001-001. CONDITIONS. The project shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated December 17, 2002 (date plans received in the Planning Department), as approved by the Planning Director. March 21, 2003 • • Page - 3 2. Hours of operation shall be limited to between 10:00 a.m. and 10:00 p.m. daily. Any increase in the hours of operation shall be subject to the approval by the Planning Director. Any request for operating hours between midnight and 6:00 a.m. shall require approval by the Planning Commission. 3. There shall be no live entertainment. 4. No outside loudspeakers or paging system shall be allowed. Tenants with exclusive outdoor dining areas may have speakers outside for background music. Music may be provided between 7:00 a.m. and 10:00 p.m. All outdoor music shall terminate at 10:00 p.m. Sound levels shall not exceed the decibel levels as outlined in the following table: 7:00 am and 10:00 pm 10:00 pm and 7:00 am interior exterior interior exterior Measured at the property line of commerciallyzoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentiallyzoned property: N/A 60 dBA N/A 50 dBA Residentialproperty: 45 dBA 55 dBA 40 dBA 50 dBA 5. The principal purpose for the use permit is to allow for a fast food eating and drinking establishment with the sale or service of food and beverage. 6. Roof coverings over the outdoor dining areas shall not have the effect of creating a permanent enclosure, unless the Planning Commission approves an amendment to this use permit. 7. No temporary "sandwich signs," balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishments, unless specifically permitted. 8. All employees shall park on -site 9. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 10. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. This condition does not preclude the shared use of a common area grease interceptor device, if determined adequate by the Building Department and the Utilities Department. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 12. Trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, but shall not be located on or within any public property or right-of- way. 13. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 14. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors, which may include the provision of filly self-contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 15. The operators of the food service uses shall be responsible for the clean up of all on -site and off -site trash, garbage and litter generated by each use. 16. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 17. Dancing shall be prohibited, unless the Planning Commission first approves an amendment to this use permit. 18. The Planning Director or Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 19. The eating and drinking establishment as proposed will contain approximately 1,408 square feet. Prior to issuance of building permits, a copy of the approved construction floor plan shall be submitted and made a part of this use permit file to establish the approved gross square footage of the tenant space. Any increase in the size of the restaurant after construction shall require an amendment to this use permit. 20. Use Permit No. 2003-001 shall expire if not exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an March 21, 2003 • • Page - 5 extension is otherwise granted. The Planning Director considers exercising this Use Permit the issuance of any individual Use Permits. 21. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City -adopted version of the Uniform Building Code including any local amendments. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be approved by the Building Department, and approval from the Orange County Health Department is required prior to permit issuance. 22. The use of area heaters shall be approved by the Building Department and the Fire Department prior to installation or use. The use of propane heaters and the storage of propane containers on the premises is prohibited, unless otherwise approved by the Fire Department. Standard City Requirements: 1. A covered wash -out area for refuse containers and kitchen equipment with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 2. The reciprocal arrangement for ingress, egress and parking that applies to the subject property shall remain in effect for the duration of this food use. 3. The facility shall comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 4. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. 5. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick-up by refuse collection agencies. The trash dumpsters shall have a top which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 6. All signs shall conform to the provisions of the Bonita Canyon Planned Community District regulations and Chapter 20.67 of the Newport Beach Municipal Code, where applicable. '21,2003 6 7. Temporary signs shall be prohibited in the public right-of-way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. The applicant may appeal the decision of the Planning Director or any interested party to the Planning Commission within 14 days of the date of the decision. A filing fee of $875.00 shall accompany any appeal filed. PATRICIAL. TEMPLE, Planning Director By - Javi r S. Garcia, AICP Senior Planner Attachments: Appendix Vicinity Map Site Plan and Floor Plan Existing Parking Plan cc: property owner The Irvine Company, Retail Properties 567 San Nicolas Drive, #208 Newport Beach, CA 92660 FAUSERSTLMShared\PA's1PAs - 2003TA2003-0011UP2003-OOlappr.doc Code Enforcement Officer March 21, 2003 Page - 7 APPENDIX Compliance with Use Permit 2002-020 The facility, as proposed, is one of a number of fast food restaurant facilities that has been approved for the subject shopping center. Use Permit 2002-020 allows up to 19,694 square feet of restaurant use within the shopping center property. The 1,408 square foot area, as proposed, is located in Suite 103 G of the project site. Staff has reviewed the use permit application and has determined that the facility, as proposed, complies with the limitations and general requirements of Use Perl3it 2002-020. RestroomFacilities The facility, as proposed, provides adequate public sanitation facilities. Any increase in the interior seating may require increase in the number of fixtures as required by the Newport Beach Municipal Code and in compliance with the provisions of the Health Code (Orange County). The applicant or restaurant manager/owner should verify the requirements with the Building Department prior to the increase of patron seating. RestaurantDevelopment Standards Chapter 20.82.040 of the Municipal Code contains development standards for restaurants, as outlined below, to ensure that any proposed development will be compatible with adjoining properties and streets. The development standards include specific requirements for site development, building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, underground utilities, and supply and refuse storage. Section 20.82.040 D of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. DevelopmentStandalds Site: - site shall be of sufficient size and configuration to satisfy Complies. The sites 8.87 acres and has been fmmd adequate all requirements for off-street parking, setbacks, curb cuts, by for the construction of a 52,000 square foot shopping center up to 32,150 square feet of restaurant uses (Site Plan walls, landscaping and refuse storage as provided with RevimNo.2001-001 eghpmved7/l92001). Setbacks: Section 20.82.040 of the Municipal Code. The City may establish more restrictive setbacks if it is Complies. The proposed uses will be within a new shopping determined that it is necessary or desirable for the to center, whicb provides the minimum of a 25-foot setback from all lines. The site is also separated from nearby protection of the public health, safety or welfare or insure the compatibility of uses on contiguous properties. property uses by MacArthur Blvd. and Bison Avenue. More restrictive setbacks are not necessary in staffs opinion. Off -Street Parking: Off-street patking in accordance with the provisions of Complies The site Provides 481 pi;2ng spaces for all uses exceeds the 469 spaces required. The 19,694 square Chapter 20.66 of the Municipal Code. which foot limit for eating and drinking establishments will not impact the required parking total. Therefore, adequate parking will be provided in accordance with the Bonita Text Canyon P-- - , i Parking areas and driveways to facilitate ttaffrc and Complies. The traffic circulation has been reviewed by the circulation of vehicles on and around the facility and to City Traffic Engin= in conjunction with the approval ofthe provide adequate sight clearances. original construction ofthe site. A solid masonry wall 6 feet high shall be erected on all Waiver. The site has no interior lot lines w MacArthur Blvd, interior property lines of the subject property, walls three Bison Ave, and the San Joaquin hills Transportation Corridor feet in height shall be erected between the onsite parking bound the site. It is proposed that by using landscape and auras and the public rightof-way. earth hems, as opposed to walls, screening of parking was will be accomplished. Staff recommends waiving the thma- m+dscaping.• ]0% of enfue site, three-foot Wide landscape area shall be foot high wall requirement. Complies. A conceptual landscaping plan was approved with provided to screen the parking area from the public right- of -way. A three-foot the Site Plan Review application. The plan has 6T/o ofthe site wide landscape area adjacent to the landscaped with the majority of the landscaping in a wildlife interior property lines shall be provided. mitigation area to the northeast of the center abutting the San Joaquin Transportation Corridor. Landscaping within the developed area exceeds 10% although the exact percentage is not known. The landscape plan includes the use of 24-inch box trees throughout the parking lot, and a 25-foot wide Lrghling: Parking lot and site illumination height and intensity to landscape ship,long both sheet frontages. Complies. The proposed lighting plan was reviewed and minimize the reflection of lights to the streets and neighboring properties. approved with Site Plan Review No. 2001-001. No additional lighting is proposed in conjunction with fire proposed food UtlJrfies AlI utilities required to be mdergrounded. uses. Complies. Utilities are required to be underground pursuant to Site Plan Review No. 2001-001. No above ground utility Sraroge Supply storage to tie contained within a building, cum ctions are proposed. Complies. No outdoor storage of supplies is permitted. wejuie Refwe S[omge Refuse storage outside of a building shall b hidden from Complies. Trash storage auras are located within three view by a solid masonry wall six feet in height with self- locking gates. enclosed service areas located at the rem of the proposed shopping center. Additional storage is accommodated within If e proposed buildings to accommodate the proposed restaurants. Fast Food Parkin; Requirement In accordance with the provisions of the Bonita Canyon Planned Community District Regulations, parking for a restaurant use in the subject shopping center is based on one parking space for each 100 square feet of gross floor area. The subject facility with 1,408 square feet interior space requires 14.1 parking spaces. No exclusive outdoor dining area is proposed. The interior net public area of the restaurant totals approximately 1,408 square feet. The parking requirement for all outdoor dining is 50% of the restaurant rate. The subject will utilize common area outdoor dining within the shopping center. Staff deems that the proposed use and the peak parking demand of the shopping center has been adequately addressed by the Environmental Document that was approved for the subject shopping center. Therefore, based on the district regulations and the parking characteristics of the use, adequate parking is provided on -site to serve all uses in the center. Accessory Outdoor Dining Permit Requirement The application as proposed provides no exclusive outdoor dining in accordance with the Zoning Code. Therefore, no subsequent review or permit is required at this time. Use T, er11 mit UP11 211 003-001. 1 (PA2003-001) 1318 Bison Avenue MAT MANAGER'S DESK 1»dIM RM' dlD.IOkIR}tl2 Wrz n.xnxursermeDFR — �x.�LNm»! klCRiBOA-. eamwma»pxxmu— lQDHAtllDNlml»! roemartoeex.za— PFLoIAPoNveuntlal@i a�.m xp Dcuxt — wixxourw er nve e+e• om� nm cww .an»xricesu�ekr .D nre x.ce mmu m a»• »x sr wa,vr. BULATION EQUIPMENT NOTES Axy m t /LLmmNmm,YN Mp • MRM�mum V.MMm4 m,�aowwui�m� y tl'�'MY"',A miM9M VYCY m ♦11LVW11mTYHMN WIY mVtmm.N.11XMHMMaot Y yYm i W�!MOO�{ N4Y'��S C�y�.9IP Y Ym,•TXYmLYWOYNmY.CR WN E L wi ©❑ s y m O 8 s Ice 0 Z d a .7 W I in 'a. ono GREYI � YII A-1 y pF NEWPW BEACH GNITY AND ECONOMIC DEVELOPMENT 0 DEPARTMENT iiEWPORTBOULEVARD TORT BEACH, CA 92658 i) 644-3200; FAX (949) 644-3250 ;r Page 1010n Name f if aoolicable): / Lnterprizes, Inc.; William Verbrugge enif r WIS igAddress: 2221 Nelson Ave. [Tustin. CA 92782 Gone: ( 714) 398-4061FaX ( ) (it dltterent from above): Applicati �063-061 for UP2603-061 1 s 18 Bison Avenue DNBY Enterprises, Inc. U G.P.A./Amentlment No. Q Variance No. Q FEES: CONTACT PERSON (if different): Martin Potts, MPA, Inc. Mailing Address: 567 San Nicolas Dr. 1M8 Newport Beach.CA 92660 Phone: ( 949) 719-1900 Fax(949) 719-1909 --- --• , rro ernes, C/O MPA, Inc. (Marty Potts) Mailing Address: 567 San Nicolas Drive, i1208, Newport Beach, CA 92660 Phone: (949) 719-1900 PROJECT ADDRESS: 49) 719-1909 1318 Bison Avenue, Newport Beach, CA Project Description (If applying for a variance, also complete attached form for required findings.): PROPERTY OWNER'S AFFIDAVIT (1) (We) —The Irvine Comnanv Retail Properties depose and say that (I am) (we are) the owner(s) of the property(tes) involved m this application. (1) (We) further certify, under penalty of perjury, that the foregoing statements and answer; herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s) NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application.